Bill Text: OH SB65 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To eliminate the limit on the number of Educational Choice scholarships and to declare an emergency.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2011-02-08 - To Education [SB65 Detail]

Download: Ohio-2011-SB65-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 65

Senator Cates 

Cosponsors: Senators Lehner, Jones, Seitz, Obhof 

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A BILL

To amend sections 3310.02 to 3310.09, 3310.11,

1

3310.12, 3310.15, and 3310.17 of the Revised Code

2

to eliminate the limit on the number of

3

Educational Choice scholarships and to declare an

4

emergency.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3310.02, 3310.03, 3310.04, 3310.05,	6
3310.06, 3310.07, 3310.08, 3310.09, 3310.11, 3310.12, 3310.15, and	7
3310.17 of the Revised Code be amended to read as follows:	8

Sec. 3310.02.  The educational choice scholarship pilot	9
program is hereby established. Under the program, the department	10
of education annually shall pay scholarships to attend chartered	11
nonpublic schools in accordance with section 3310.08 of the	12
Revised Code for up to fourteen thousandall eligible students. If	13
the number of students who apply for a scholarship exceeds	14
fourteen thousand, the department shall award scholarships in the	15
following order of priority:	16

(A) First, to eligible students who received scholarships in	17
the prior school year;	18

(B) Second, to eligible students with family incomes at or	19
below two hundred per cent of the federal poverty guidelines, as	20
defined in section 5101.46 of the Revised Code, who qualify under	21
division (A) of section 3310.03 of the Revised Code. If the number	22
of students described in this division who apply for a scholarship	23
exceeds the number of available scholarships after awards are made	24
under division (A) of this section, the department shall select	25
students described in this division by lot to receive any	26
remaining scholarships.	27

(C) Third, to other eligible students who qualify under	28
division (A) of section 3310.03 of the Revised Code. If the number	29
of students described in this division who apply for a scholarship	30
exceeds the number of available scholarships after awards are made	31
under divisions (A) and (B) of this section, the department shall	32
select students described in this division by lot to receive any	33
remaining scholarshipsthem.	34

Sec. 3310.03. (A) A student is an "eligible student" for	35
purposes of the educational choice scholarship pilot program if	36
the student's resident district is not a school district in which	37
the pilot project scholarship program is operating under sections	38
3313.974 to 3313.979 of the Revised Code and the student satisfies	39
one of the following conditions:	40

(1) The student is enrolled in a school building that is	41
operated by the student's resident district and to which both of	42
the following apply:	43

(a) The building was declared, in at least two of the three	44
most recent ratings of school buildings published prior to the	45
first day of July of the school year for which a scholarship is	46
sought, to be in a state of academic emergency or academic watch	47
under section 3302.03 of the Revised Code;	48

(b) The building was not declared to be excellent or	49
effective under that section in the most recent rating published	50
prior to the first day of July of the school year for which a	51
scholarship is sought.	52

(2) The student is eligible to enroll in kindergarten in the	53
school year for which a scholarship is sought and otherwise would	54
be assigned under section 3319.01 of the Revised Code to a school	55
building described in division (A)(1) of this section.	56

(3) The student is enrolled in a community school established	57
under Chapter 3314. of the Revised Code but otherwise would be	58
assigned under section 3319.01 of the Revised Code to a building	59
described in division (A)(1) of this section.	60

(4) The student is enrolled in a school building that is	61
operated by the student's resident district or in a community	62
school established under Chapter 3314. of the Revised Code and	63
otherwise would be assigned under section 3319.01 of the Revised	64
Code to a school building described in division (A)(1) of this	65
section in the school year for which the scholarship is sought.	66

(5) The student is eligible to enroll in kindergarten in the	67
school year for which a scholarship is sought, or is enrolled in a	68
community school established under Chapter 3314. of the Revised	69
Code, and all of the following apply to the student's resident	70
district:	71

(a) The district has in force an intradistrict open	72
enrollment policy under which no student in kindergarten or the	73
community school student's grade level, respectively, is	74
automatically assigned to a particular school building;	75

(b) In at least two of the three most recent ratings of	76
school districts published prior to the first day of July of the	77
school year for which a scholarship is sought, the district was	78
declared to be in a state of academic emergency under section	79
3302.03 of the Revised Code;	80

(c) The district was not declared to be excellent or	81
effective under that section in the most recent rating published	82
prior to the first day of July of the school year for which a	83
scholarship is sought.	84

(B) A student who receives a scholarship under the	85
educational choice scholarship pilot program remains an eligible	86
student and may continue to receive scholarships in subsequent	87
school years until the student completes grade twelve, so long as	88
all of the following apply:	89

(1) The student's resident district remains the same, or the	90
student transfers to a new resident district and otherwise would	91
be assigned in the new resident district to a school building	92
described in division (A)(1) or (6) of this section;	93

(2) The student takes each assessment prescribed for the	94
student's grade level under section 3301.0710 or 3301.0712 of the	95
Revised Code while enrolled in a chartered nonpublic school;	96

(3) In each school year that the student is enrolled in a	97
chartered nonpublic school, the student is absent from school for	98
not more than twenty days that the school is open for instruction,	99
not including excused absences.	100

(C) The department shall cease awarding first-time	101
scholarships pursuant to divisions (A)(1) to (4) of this section	102
with respect to a school building that, in the most recent ratings	103
of school buildings published under section 3302.03 of the Revised	104
Code prior to the first day of July of the school year, ceases to	105
meet the criteria in division (A)(1) of this section. The	106
department shall cease awarding first-time scholarships pursuant	107
to division (A)(5) of this section with respect to a school	108
district that, in the most recent ratings of school districts	109
published under section 3302.03 of the Revised Code prior to the	110
first day of July of the school year, ceases to meet the criteria	111
in division (A)(5) of this section. However, students who have	112
received scholarships in the prior school year remain eligible	113
students pursuant to division (B) of this section.	114

(D) The state board of education shall adopt rules defining	115
excused absences for purposes of division (B)(3) of this section.	116

Sec. 3310.04.  Any eligible student who is enrolled in a	117
chartered nonpublic school and for whom a scholarship under the	118
educational choice scholarship pilot program has been awarded	119
shall be entitled to transportation to and from the chartered	120
nonpublic school by the student's resident district in the manner	121
prescribed in section 3327.01 of the Revised Code.	122

Sec. 3310.05.  A scholarship under the educational choice	123
scholarship pilot program is not available for any student whose	124
resident district is a school district in which the pilot project	125
scholarship program is operating under sections 3313.974 to	126
3313.979 of the Revised Code. The two pilot programs are separate	127
and distinct. The general assembly has prescribed separate	128
scholarship amounts for the two pilot programs in recognition of	129
their differing eligibility criteria. The pilot project	130
scholarship program operating under sections 3313.974 to 3313.979	131
of the Revised Code is a district-wide program that may award	132
scholarships to students who do not attend district schools that	133
face academic challenges, whereas the educational choice	134
scholarship pilot program established under sections 3310.01 to	135
3310.17 of the Revised Code is limited to students of individual	136
district school buildings that face academic challenges.	137

Sec. 3310.06.  It is the policy adopted by the general	138
assembly that the educational choice scholarship pilot program	139
shall be construed as one of several educational options available	140
for students enrolled in academic emergency or academic watch	141
school buildings. Students may be enrolled in the schools of the	142
student's resident district, in a community school established	143
under Chapter 3314. of the Revised Code, in the schools of another	144
school district pursuant to an open enrollment policy adopted	145
under section 3313.98 of the Revised Code, in a chartered	146
nonpublic school with or without a scholarship under the	147
educational choice scholarship pilot program, or in other schools	148
as the law may provide.	149

Sec. 3310.07. Any parent, or any student who is at least	150
eighteen years of age, who is seeking a scholarship under the	151
educational choice scholarship pilot program shall notify the	152
department of education of the student's and parent's names and	153
address, the chartered nonpublic school in which the student has	154
been accepted for enrollment, and the tuition charged by the	155
school.	156

Sec. 3310.08. (A) The amount paid for an eligible student	157
under the educational choice scholarship pilot program shall be	158
the lesser of the tuition of the chartered nonpublic school in	159
which the student is enrolled or the maximum amount prescribed in	160
section 3310.09 of the Revised Code.	161

(B)(1) The department shall pay to the parent of each	162
eligible student for whom a scholarship is awarded under the	163
program, or to the student if at least eighteen years of age,	164
periodic partial payments of the scholarship.	165

(2) The department shall proportionately reduce or terminate	166
the payments for any student who withdraws from a chartered	167
nonpublic school prior to the end of the school year.	168

(C)(1) The department shall deduct five thousand two hundred	169
dollars from the payments made to each school district under	170
Chapters 3306. and 3317. and, if necessary, sections 321.24 and	171
323.156 of the Revised Code, for each eligible student awarded a	172
scholarship under the educational choice scholarship pilot	173
program who is entitled under section 3313.64 or 3313.65 of the	174
Revised Code to attend school in the district.	175

The amount deducted under division (C)(1) of this section	176
funds scholarships for students under both the educational choice	177
scholarship pilot program and the pilot project scholarship	178
program under sections 3313.974 to 3313.979 of the Revised Code.	179

(2) If the department reduces or terminates payments to a	180
parent or a student, as prescribed in division (B)(2) of this	181
section, and the student enrolls in the schools of the student's	182
resident district or in a community school, established under	183
Chapter 3314. of the Revised Code, before the end of the school	184
year, the department shall proportionally restore to the resident	185
district the amount deducted for that student under division	186
(C)(1) of this section.	187

(D) In the case of any school district from which a deduction	188
is made under division (C) of this section, the department shall	189
disclose on the district's SF-3 form, or any successor to that	190
form used to calculate a district's state funding for operating	191
expenses, a comparison of the following:	192

(1) The district's state share of the adequacy amount	193
payment, as calculated under section 3306.13 of the Revised Code	194
with the scholarship students included in the district's formula	195
ADM;	196

(2) What the district's state share of the adequacy amount	197
payment would have been, as calculated under that section if the	198
scholarship students were not included in the district's formula	199
ADM.	200

This comparison shall display both the aggregate difference	201
between the amounts described in divisions (D)(1) and (2) of this	202
section, and the quotient of that aggregate difference divided by	203
the number of eligible students for whom deductions are made under	204
division (C) of this section.	205

Sec. 3310.09.  The maximum amount awarded to an eligible	206
student under the educational choice scholarship pilot program	207
shall be as follows:	208

(A) For grades kindergarten through eight, four thousand two	209
hundred fifty dollars;	210

(B) For grades nine through twelve, five thousand dollars.

211

Sec. 3310.11.  (A) Only for the purpose of administering the	212
educational choice scholarship pilot program, the department of	213
education may request from any of the following entities the data	214
verification code assigned under division (D)(2) of section	215
3301.0714 of the Revised Code to any student who is seeking a	216
scholarship under the program:	217

(1) The student's resident district;

218

(2) If applicable, the community school in which that student	219
is enrolled;	220

(3) The independent contractor engaged to create and maintain	221
student data verification codes.	222

(B) Upon a request by the department under division (A) of	223
this section for the data verification code of a student seeking a	224
scholarship or a request by the student's parent for that code,	225
the school district or community school shall submit that code to	226
the department or parent in the manner specified by the	227
department. If the student has not been assigned a code, because	228
the student will be entering kindergarten during the school year	229
for which the scholarship is sought, the district shall assign a	230
code to that student and submit the code to the department or	231
parent by a date specified by the department. If the district does	232
not assign a code to the student by the specified date, the	233
department shall assign a code to that student.	234

The department annually shall submit to each school district	235
the name and data verification code of each student residing in	236
the district who is entering kindergarten, who has been awarded a	237
scholarship under the program, and for whom the department has	238
assigned a code under this division.	239

(C) For the purpose of administering the applicable	240
assessments prescribed under sections 3301.0710 and 3301.0712 of	241
the Revised Code, as required by section 3310.14 of the Revised	242
Code, the department shall provide to each chartered nonpublic	243
school that enrolls a scholarship student the data verification	244
code for that student.	245

(D) The department and each chartered nonpublic school that	246
receives a data verification code under this section shall not	247
release that code to any person except as provided by law.	248

Any document relative to this program that the department	249
holds in its files that contains both a student's name or other	250
personally identifiable information and the student's data	251
verification code shall not be a public record under section	252
149.43 of the Revised Code.	253

Sec. 3310.12. Except as provided in division (D) of section	254
3310.11 of the Revised Code, documents relative to the educational	255
choice scholarship pilot program that the department holds in its	256
files are public records under section 149.43 of the Revised Code	257
and may be released pursuant to that section subject to the	258
provisions of section 3319.321 of the Revised Code and the "Family	259
Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20	260
U.S.C. 1232g, as amended.	261

Sec. 3310.15.  (A) The department of education annually shall	262
compile the scores attained by scholarship students to whom an	263
assessment is administered under section 3310.14 of the Revised	264
Code. The scores shall be aggregated as follows:	265

(1) By state, which shall include all students awarded a	266
scholarship under the educational choice scholarship pilot program	267
and who were required to take an assessment under section 3310.14	268
of the Revised Code;	269

(2) By school district, which shall include all scholarship	270
students who were required to take an assessment under section	271
3310.14 of the Revised Code and for whom the district is the	272
student's resident district;	273

(3) By chartered nonpublic school, which shall include all	274
scholarship students enrolled in that school who were required to	275
take an assessment under section 3310.14 of the Revised Code.	276

(B) The department shall disaggregate the student performance	277
data described in division (A) of this section according to the	278
following categories:	279

(1) Age;

280

(2) Race and ethnicity;

281

(3) Gender;

282

(4) Students who have participated in the scholarship program	283
for three or more years;	284

(5) Students who have participated in the scholarship program	285
for more than one year and less than three years;	286

(6) Students who have participated in the scholarship program	287
for one year or less;	288

(7) Economically disadvantaged students.

289

(C) The department shall post the student performance data	290
required under divisions (A) and (B) of this section on its web	291
site and, by the first day of February each year, shall distribute	292
that data to the parent of each eligible student. In reporting	293
student performance data under this division, the department shall	294
not include any data that is statistically unreliable or that	295
could result in the identification of individual students. For	296
this purpose, the department shall not report performance data for	297
any group that contains less than ten students.	298

(D) The department shall provide the parent of each	299
scholarship student with information comparing the student's	300
performance on the assessments administered under section 3310.14	301
of the Revised Code with the average performance of similar	302
students enrolled in the building operated by the student's	303
resident district that the scholarship student would otherwise	304
attend. In calculating the performance of similar students, the	305
department shall consider age, grade, race and ethnicity, gender,	306
and socioeconomic status.	307

Sec. 3310.17.  (A) The state board of education shall adopt	308
rules in accordance with Chapter 119. of the Revised Code	309
prescribing procedures for the administration of the educational	310
choice scholarship pilot program.	311

(B) The state board and the department of education shall not	312
require chartered nonpublic schools to comply with any education	313
laws or rules or other requirements that are not specified in	314
sections 3310.01 to 3310.17 of the Revised Code or in rules	315
necessary for the administration of the program, adopted under	316
division (A) of this section, and that otherwise would not apply	317
to a chartered nonpublic school.	318

Section 2. That existing sections 3310.02, 3310.03, 3310.04,	319
3310.05, 3310.06, 3310.07, 3310.08, 3310.09, 3310.11, 3310.12,	320
3310.15, and 3310.17 of the Revised Code are hereby repealed.	321

Section 3.  This act is hereby declared to be an emergency	322
measure necessary for the immediate preservation of the public	323
peace, health, and safety. The reasons for such necessity are that	324
all students eligible for the Educational Choice Scholarship	325
should be able to take advantage of it, beginning in the 2011-2012	326
school year. Therefore, this act shall go into immediate effect.	327